Ward v. Morr Transfer & Storage Co.

95 S.W. 964 (1906)

Facts

Ward (P) stored a lot of household goods with Morr Transfer (D). P's receipt from D named boxes, barrels, and tubs. These containers were filled with a variety of articles of household goods and kitchenware. At trial, P had a list of the items that were contained in those containers. At trial, P testified that that list was not part of the receipt that D had given her but was created by her on separate pieces of paper at different times when she would remember that particular item as being stored with D. The list was eventually put on two or three typewritten pages. P wanted to refer to the list at trial but not enter it into evidence. D objected, and P was permitted to use her original notes. D objected. P prevailed, and D appealed.